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Terms Used In Michigan Laws 324.63103d

  • Department: means the department of environmental quality. See Michigan Laws 324.63101
  • Ferrous product: means a commercially salable ferrous mineral in its final marketable form or state. See Michigan Laws 324.63101
  • mineral: means ferrous ore or material mined for its ferrous content. See Michigan Laws 324.63101
  • operator: means a person who owns or leases the plant and equipment utilized in a mining area and is engaged in the business of mining ferrous minerals or preparing to engage in mining operations. See Michigan Laws 324.63101
  • state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
    (1) For purposes of surveillance, monitoring, administration, and enforcement of this part, a ferrous mineral operator shall be assessed a ferrous mineral surveillance fee on the ferrous product produced for the calendar year reported as described in subsection (2). The fee shall be assessed upon ferrous product and shall not be more than 1 cent per metric ton. Funds collected by the assessment of the ferrous mineral surveillance fee shall not exceed the actual costs to the department of implementing the sections of this part that pertain to ferrous mineral mining. Surveillance fees collected under this section shall be forwarded to the state treasurer for deposit in the ferrous mineral surveillance fund created in section 63103e.
    (2) A ferrous mineral operator shall file an annual report of production on or before February 15 of each year. The report shall contain the annual production of ferrous product from each ferrous mineral mine.
    (3) The ferrous mineral surveillance fee described in subsection (1) is due 30 days after the department sends written notice to the ferrous mineral operator of the amount due.
    (4) Failure to submit an annual report of production in compliance with rules promulgated by the department constitutes grounds for revocation of a permit.
    (5) A penalty equal to 10% of the amount due, or $1,000.00, whichever is greater, shall be assessed against the ferrous mineral operator for a fee that is not paid when due. An unpaid fee and penalty constitute a debt and the basis of a judgment against the operator. Penalties paid pursuant to this section shall be used for the implementation, administration, and enforcement of this part.
    (6) Records upon which the annual report of production is based shall be preserved for 3 years and are subject to audit by the department.